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Regular orders of protection can now remain effective for two years . You will be required to appear before a judge and explain why you want to dismiss the order. All files are under continual revision. Complete the paperwork for the judge to review. Order of Protection (forms) Title Title English Spanish Defendant's Guide Sheet for Protective Orders OP/IAH/IAWH - Acceptance of Service Declaration of Service Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing Notice of Hearing Prior to Issuance Of Notice of Hearing Supplement to Petition A mutual protection order that is issued against both the party who filed a petition or a complaint or otherwise filed a written pleading for protection against abuse and the person against whom the filing was made is not entitled to full faith and credit if either: (a) The person against whom an initial order was sought has not filed a cross or counter petition or other written pleading seeking a protection order. A protection order is valid if the issuing court had jurisdiction over the parties and the matter under the laws of the issuing state, a United States territory or an Indian tribe and the person against whom the order was issued had reasonable notice and an opportunity to be heard. If the order is issued ex parte, the notice and opportunity to be heard shall be provided within the time required by the laws of the issuing state, a United States territory or an Indian tribe and within a reasonable time after the order was issued. The father or mother of your child or your unborn child. For each order of protection that is issued by a justice of the peace, the order of protection shall be served by the sheriff or constable of the county in which the defendant can be served or by a municipal law enforcement agency. The supreme court shall register the order with the national crime information center. Any of the following acts in which the defendant: You may request an Order of Protection at any of the Law Library Resource Centerlocations at the Superior Court, or go to one of the municipal courts or one of the justice courts. If the injunction is based on sexual violence, there is no fee for service. Superior Court. Answer the questions that appear on each screen. If adding minor children, please provide their date of birth & social security numbers if known. Among its provisions is the ability to petition a court at no cost to expunge certain marijuana-related records. An Order of Protection ( A.R.S. If appropriate, the officer will contact the court after hours to request the Court grant an Emergency Order of Protection. with the defendant - See the Relationship Test. If this occurs, the hearing will be set 5 to 10 days from the date of request and you will be notified by the Court. Questions youll be asked in AZPOINT will help collect this information. U. All files are under continual revision. A peace officer may presume the validity of and rely on a copy of a protection order that is issued by another state, a United States territory or an Indian tribe if the order was given to the officer by any source. A peace officer may also rely on the statement of any person who is protected by the order that the order remains in effect. Accessibility. The Judicial Branch of Arizona In Maricopa County -2019. If law enforcement has not been able to serve the order within 15 days, you may be asked to give the law enforcement agency more information about the defendant. An order expires two years after service on the defendant. You are only allowed one hearing. practice of law. 13-3602. Orders of Protection served on or after September24, 2022, are valid for 2 years. PHOENIX (AP) The Arizona Supreme Court issued a warrant to execute a prisoner even though the state's new Democratic attorney general tried to withdraw her Republican predecessor's request to carry out the execution. 12-1809, and an Injunction Against Workplace Harassment See A.R.S. Your information will be saved in AZPOINT for up to 90 days. If you have made changes to this page, please close this window immediately and save/submit your changes. Order of Protection Notification System. Please allow at least two hours for the entire process. [email protected] M. The order shall include the following statement: This is an official court order. An order is effective on the defendant on service of a copy of the order and petition. 13-1502, 1503, 1504, 1602); disorderly conduct (A.R.S. If the Defendant does not want contact with you they have the right to request a protective order against you.LAW ENFORCEMENT STANDBY: If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. The portal will also help you figure out whether you (the plaintiff) and the person from whom you are seeking protection (the defendant) have a qualifying relationship for an Order of Protection. Any order of protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. If the Injunction Against Harassment is not served within one year, it automatically expires. The court cannot delay sending the order out for service for more than 72 hours. Spyware is a software program that can secretly collect personal information when youre online. A person may file a verified petition, as in civil actions, with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act included in domestic violence. If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the court determines otherwise. The petition shall name the parent, guardian or custodian as the plaintiff and the minor is a specifically designated person for the purposes of subsection G of this section. Leaving copies of your draft paperwork where others can read them may increaseyour risk. including reliance on their contents. It is critical that you keep the Protective Order Centerinformed of any change in telephone or address. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. Solicitud de celebrar una audiencia, desechar una orden, cancelar una audiencia o aplazar una audiencia, 12. N. An order of protection that is not served on the defendant within one year after the date that the order is issued expires. Lo que usted debe saber sobre las rdenes de proteccin, 03. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash. Formulario de informacin sobre el emplazamiento. An Order of Protection is a legal restraint used to prohibit a person from committing an act of domestic violence or from contacting people protected by the order. Your AZPOINTinterviewis complete when itis "court ready" and you get a confirmation number. Until you file your petition at the court, you will be able to update your information if necessary. Notice Regarding Exclusive Possession of a Shared Residence, 10. If the exclusive use of the home is awarded to the party, the court, on written request of a party, may hold additional hearings at any time if there is a change in circumstances related to the primary residence. Through an interview in AZPOINT, you can quickly and accurately fill out the forms that are needed to request an Order of Protection at an Arizona court. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. If the order can be served in another city or town, the order shall be served by the law enforcement agency of that city or town. If the order cannot be served within a city or town, the order shall be served by the sheriff or constable of the county in which the defendant can be served. Forms to apply for an Order of Protection, Injunction Against Harassment, and Injunction Against Workplace Harassment are available at AZPOINTor onsite atthe Law Library Resource Center. 4. If you currently have a family court case with the other person, you will have to file with the superior court that is handling your family court case. 2. Enter your official contact and identification details. Keylogger spyware records the keystrokes you make on a keyboard. If you would like your personal information protected, it must specifically be requested.Please refer to the following website to locate an Arizona Order of Protection or Injunction Against Harassment Packet: Protective Order FormsPlease refer to the following website to find a court in your area that may be able to assist you with Orders of Protection: Arizona Court LocatorORDERS OF PROTECTION A.R.S. Phoenix Municipal Court 300 West Washington Street (map)Monday thru Friday (except holidays) 8:00 a.m. to 5:00 p.m. IMPORTANT: There is NO FEE to use AZPOINT. 201 W. Jefferson Street I. and complete the required paperwork provided by court staff. Things to Know About Protective Orders, 05. Injunctions Against Harassment are in effect for one year from date of service.. 3. If you are in immediate danger, call 911. An advocate can help you make a safety plan and give you more information about how an Order of Protection works and how it will be served on the defendant. The court will give you information on how to arrange for service of the injunction. IMPORTANT: Please contact the court to find out what procedures have been implemented for telephonic or video hearings in response to COVID-19. You will be able to have the hearing within 5-10 days of submitting a written form of your request for a hearing. The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. Defendant name, address, date of birth, social security number (if known), description & other useful information if known. AVISO IMPORTANTE: Comunquese con el tribunal para averiguar qu procedimientos se han establecido para celebrar audiencias por telfono o videoconferencia debido al COVID-19. The petition number is needed to retrieve your petition and otherinformation from the portal. Relationship between you and the defendant. A hearing date will be set and the plaintiff will be notified of the hearing. An order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for any other additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant. If the Judge grants your Petition for Order of Protection, the court will send the Order of Protection and a copy of the petition out for servicetoday, unless the court delays it. You will need your petition confirmation number to file your petition with a court. There is no fee to use AZPOINT. including reliance on their contents. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. A post-decree proceeding has been commenced but a judgment, decree or order finally determining the proceeding has not been entered. the person causing harm knows details about private conversations you've had with others and has had access to your devices. You will receive notification that the juvenile has been officially served, and the Victims' Rights Unit will return the signed documents to you, so that you can file them with the originating court. This form is available in English and Spanish. F. For the purposes of determining the period of time under subsection E, paragraph 2 of this section, any time that the defendant has been incarcerated or out of this state shall not be counted. If the court denies the requested relief, it may schedule a further hearing within ten days, with reasonable notice to the defendant. 5. A law enforcement officer is not liable for any act or omission in the good faith exercise of the officer's duties under this paragraph. While the order of protection is in effect, if a party was granted the use and exclusive possession of the parties' residence and subsequently moves out of the house, the party must file a notice in writing with the court within five days after moving out of the residence. prohibit a defendant from contacting or coming into contact with you. Your parent, grandparent, brother, sister, child, or grandchild. There is no fee to file a Petition for Order of Protection. If the court finds that the defendant is a credible threat to the physical safety of the plaintiff or other specifically designated persons, prohibit the defendant from possessing or purchasing a firearm for the duration of the order. If the court prohibits the defendant from possessing a firearm, the court shall also order the defendant to transfer any firearm owned or possessed by the defendant immediately after service of the order to the appropriate law enforcement agency for the duration of the order. Law enforcement has a continuing duty to attempt service, so if you have additional information about the defendant's location, please contact the law enforcement agency. For cases prior to 2016, please contact the court directly at 928-771-3300. forms, and information for any lawful purpose. Call 911; explain that you have an Order of Protection and the defendant is approaching you. For more information, click. Avoid choosing obvious words or numbers for your password. *You may also use this portal if you're asking for protection on behalf of another person--either (1) a minor of whom you are the parent, guardian, or legal custodian or (2) an adult who is temporarily or permanently unable to request an order. 13-3624(C), an Injunction Against Harassment See A.R.S. If your relationship does not fit into one of these categories, read about Injunctions against Harassment at the bottom of this page.The defendant is: AND(B). National Domestic Violence Hotline 1-800-799-7233 (TTY 1-800-787-3224) Arizona Coalition to End Sexual and Domestic Violence 602-279-2900 or 1-800-782-6400 Protective Orders Defined The agency with custody of the defendant shall make reasonable efforts to contact the victim and other specifically designated persons in the order of protection, if known to the custodial agency, who requested notification immediately on release of the arrested person from custody. Site Map. E. The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication, to determine whether the orders requested should issue without further hearing. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction. Do you think a person causing harm to you has or had access to this device and may be monitoring you? IMPORTANT: As of 01/01/2020, there areseveral changes to the Protective Order process. 2 min read. Protective Orders served on or after 9/24/22 are in effect for two years from date of service. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. If you are asking for an Injunction Against Harassment or an Injunction Against Workplace Harassment, younot the courtmust arrange for service of the injunction, if the judge issues it. restrain a defendant from committing acts of violence and harassment. The conduct can be any conduct which is harassment. provide you with legal recourse if the person served with a protective order violates the order. 4. Our court processes on average about 41 protective orders per day pre-COVID-19 and the average is 60 per day during COVID-19. A.R.S. You can file your petition with any municipal court, justice court, or superior court location. Any dangerous crime against a child under 15 years of age which includes: second degree murder; aggravated assault resulting in serious physical injury or involving the discharge, use or threatening use of a deadly weapon or dangerous instrument; sexual assault; molestation of a child; sexual conduct with a minor; commercial sexual exploitation of a minor; sexual exploitation of a minor; child abuse; kidnapping; sexual abuse or continuous sexual abuse of a child; taking a child for the purpose of prostitution; child prostitution; involving or using minors in drug offense. Your relationship to the defendant must fit into one of these categories. 13-3601 and 3602:You may apply for and receive an Order of Protection if you meet the following requirements:(A). AZPOINT will help you figure out whether you and the person from whom you are seeking protection have a qualifying relationship for an Order of Protection. After granting an order of protection, the court shall provide the order to a law enforcement agency or a constable as set forth in subsection J of this section for service or to an entity that is authorized in subsection K of this section to serve process. In your petition, you must describe one instance of sexual violence OR at least two incidents during the past year when you believe the defendant harassed you. How to Request a Hearing on an Order of Protection: How to Dismiss or Quash an Order of Protection: The father or mother of your child or your unborn child. How? A served Order of Protection is enforceable by law enforcement in any state or tribal nation in the United States. PO Box 204, AZ 85603 Sierra Vista Office 100 Colonia De Salud, Suite 200, Sierra Vista, AZ 85635 Home. The supreme court shall maintain a central repository for orders of protection. Within twenty-four hours after the affidavit, declaration, acceptance or return of service has been filed, excluding weekends and holidays, the court from which the order or any modified order was issued shall enter the order and proof of service into the supreme court's central repository for orders of protection. An Order of Protection is a court order prohibiting a specific person ( defendant) from coming near a home, workplace, or other location listed in the document. If there is an action for maternity, paternity, annulment, legal separation or dissolution of marriage pending between the parties, The Petition must be filed in the An advocate can help you make a safety plan and give you more information about how an Order of Protection works and how it will be served on the defendant. O. Only a judge can dismiss or quash an Order of Protection. assaults, including use of a dangerous weapon or causing serious bodily harm; interferes with the custody of a child unlawfully; criminally trespasses or criminally damages; disorderly conduct or stalks; uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend; Your address information (this information is confidential). There may be a court that is closer to your location. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court. if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you A judge can order that the offending person (defendant) not contact you in person, by phone, in writing or other means and can order the defendant from contacting you at specific locations such as your residence, work, school or other locations. If opposing parties separately file verified petitions for an order of protection, the courts after consultation between the judges involved may consolidate the petitions of the opposing parties for hearing. It has been designed to help you fill out a petition for an Order of Protection. The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, practice of law. 201 W. Jefferson Street If you decide to go ahead with your petition for a protective order, you must file it with a court. Any court in the state ofArizona can review a petition and issue a Protective Order. The decision to schedule the execution of Aaron Gunches came six weeks after . The father or mother of your child or your unborn child. NOTES: Internet Explorer 10 Users: Case details will not display properly unless you switch to Compatibility View. If the order was issued after notice and a hearing at which the defendant had an opportunity to participate, require the defendant to complete a domestic violence offender treatment program that is provided by a facility approved by the department of health services or a probation department or any other program deemed appropriate by the court. Once completed, you will meet with a judge to discuss your request. Note that clicking on REFRESH will only reload your session but will not save your work on the page. Request for Hearing, Dismiss Order, Cancel Hearing, or Continue Hearing, 01. Save your answers often by clicking on the "save progress", "continue/next" or "save & exit" buttons. Information on healthy relationships is here. It is not an order for visitation. Below are links to other nearby courts to obtain a Protective Order. R. A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that the person has violated section 13-2810 by disobeying or resisting an order that is issued in any jurisdiction in this state pursuant to this section, whether or not such violation occurred in the presence of the officer. Victims of Domestic Violence can obtain a temporary protective order from any law enforcement agency outside of regular court hours. After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney fees, if any. At any time during this 90-day period, you may take the next step of filing your petition at an Arizona court. If you are not in immediate danger, you can locate your local law enforcement agency's non-emergency telephone number by calling information at 411. If law enforcement is unable to serve the Order within 15 days, law enforcement will contact you. Orders of Protection served before September24, 2022, are valid for 1 year. A relationship does not have to exist between the two parties, as is required with an Order of Protection.Provided is a sample form for both the Order of Protection and the Injunction Against Harassment. Specific statement, including dates, of the domestic violence alleged. If the order of protection is provided to a law enforcement agency or a constable, service of an order of protection is as follows: 1. All rights reserved. The Law Library Resource Center's Protective Order offices provide resources to help individuals understand and navigate the process of obtaining protection orders to prevent domestic violence or harassment. Create a strong password by combining eight or more upper and lower case letters, numbers, and symbols. Restrain the defendant from contacting the plaintiff or other specifically designated persons and from coming near the residence, place of employment or school of the plaintiff or other specifically designated locations or persons on a showing that there is reasonable cause to believe that physical harm may otherwise result. are using have been updated. It is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are endangered. W. For the purposes of this section, "victim notification system" means an automated system that may provide plaintiffs and crime victims with an automated notification regarding the person's case. To extend your session, click on the REFRESH button. Brian BledsoeLaw Library Resource Center AdministratorContact the Law Library Resource Center, This page was last updated on: Thursday, November 10, 2022 12:22 PM, Address: Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues. 23-371. You will be required to provide identification to court personnel at the time you complete the paperwork. *If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for an Injunction Against Harassment. Order of Protection can be requested by contacting the Tucson Police Department (520-791-4444) In case of an emergency, call 911. Alternatively, you can useAZPOINT, the Arizona Protective Order Initiation and Notification Tool. If you do not appear at the hearing, your Order may be quashed (dismissed); therefore, you must notify the court of any change in your contact information to assure you are notified of any hearings.MODIFYING OR QUASHING (DISMISSING) THIS PROTECTIVE ORDER: Only a judge can modify or quash (dismiss) this protective order. Once the Order of Protection is obtained, you may mail or hand deliver it to the Victims' Rights Unit, which will arrange for service upon the juvenile (at no cost to the victim). Phone: (928) 771-3300. After issuance of an order of protection, if the municipal court or justice court determines that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties, the municipal court or justice court shall stop further proceedings in the action and forward all papers, together with a certified copy of docket entries or any other record in the action, to the superior court where they shall be docketed in the pending superior court action and shall proceed as though the petition for an order of protection had been originally brought in the superior court. The defendant may commit an act of domestic violence. An advocate can help you make a safety plan and give you more information about how an Order of Protection works and how it will be served on the defendant. The former Teen Mom star was arrested March 1 for stalking and violation of an order of protection in . The agency closest to the defendants address will be assigned to serve the Order of Protection. You will need to go to aLaw Library ResourceCenter location to complete and file a Petition for a longer Order of Protection, if you would like the order to continue. Through an interview in AZPOINT, you can quickly and accurately fill out the forms that are needed to request an Order of Protection at an Arizona court. 3. A copy of your petition and the order will be given to the Defendant and may be used in future judicial proceedings.SERVICE AND EFFECT: This protective order is valid for one year from the date it is served on the Defendant and is enforceable by law enforcement in any state or tribal nation in the United States. Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. To have an injunction granted or issued: "harassment" means either of the following: (a) A series of acts over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person and serves no legitimate purpose. Phoenix, AZ 85003, You may request an Order of Protection at any of the Law Library Resource Center. Dates the incidents occurred and case numbers if applicable. 13-604.01) which includes: second degree murder; aggravated assault resulting in serious physical injury or involving the discharge, use or threatening use of a deadly weapon or dangerous instrument; sexual assault; molestation of a child; sexual conduct with a minor; commercial sexual exploitation of a minor; sexual exploitation of a minor; child abuse; kidnapping; sexual abuse or continuous sexual abuse of a child; taking a child for the purpose of prostitution; child prostitution; involving or using minors in drug offense.